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DELHI HIGH COURT
C.HARI SHANKAR
Siria International (Regd.) – Appellant
Versus
Nitin Jain – Respondent


JUDGMENT (Oral)

1. The impugned order dated 13th July, 2020, passed by the learned Additional District Judge ("the learned ADJ") allows the application of the respondent for leave to defend Suit 827/2018, filed by the petitioner-Siria International under Order XXXVII of the Code of Civil Procedure, 1908 (CPC).

Facts

2. The petitioner-plaintiff ("Siria", hereinafter) alleges, in its plaint before the learned ADJ, that the defendants had induced and allured Siria to invest Rs.25 lakhs in the defendant company M/s Green Ventures Securities Pvt. Ltd. ("Green Ventures", hereinafter), believing which Siria transferred an amount of Rs.25 lakhs to respondent-Defendant 1, Nitin Jain, by way of Real-Time Gross Settlement (RTGS).

3. Siria alleges that the defendants had assured return of the principal amount of Rs.25 lakhs on or before 14th November, 2018, and also assured a return of 1% on the total amount invested. In breach thereof, Siria alleges in its plaint, the defendants tendered, to Siria, three cheques, of which two were of Rs.75,000/- each and one was of Rs.40,000/- respectively and transferred an amount of Rs.1 lakh to Siria, through National Electronic Funds Transfer (NEFT)

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